REMEDIES

LAW3REM

2021

Credit points: 15

Subject outline

This is a capstone subject focused on private law remedies the doctrines governing the orders a court may make to remedy a breach of legal duty. Students will have touched on remedies in almost every other core subject in the law degree. This subject consolidates and builds upon that existing knowledge and gives students an opportunity to draw together the disparate threads of the law degree and to compare the various outcomes possible across different doctrines and areas of law. The subject is taught in three modules Coercive Remedies (particularly injunctions and specific performance), Common Law Compensatory Remedies (focusing Contract and Tort damages) and Equitable and statutory Compensatory and Restitution ARY Remedies.

SchoolLa Trobe Law School

Credit points15

Subject Co-ordinatorFrancine Rochford

Available to Study Abroad/Exchange StudentsYes

Subject year levelYear Level 3 - UG

Available as ElectiveNo

Learning ActivitiesQuiz, memo, letter of advice, tutorials/workshops

Capstone subjectYes

Subject particulars

Subject rules

PrerequisitesN/A

Co-requisitesLAW2TOT AND LAW2CTA AND LAW1LIM AND LAW3ETR AND (LAW2FPL OR LAW2RPT) AND (LAW2CTB OR LAW2CCC)

Incompatible subjectsN/A

Equivalent subjectsN/A

Quota Management StrategyN/A

Quota-conditions or rulesN/A

Special conditionsN/A

Minimum credit point requirementN/A

Assumed knowledgeN/A

Readings

Remedies: Commentary and Materials

Resource TypeRecommended

Resource RequirementN/A

AuthorNormann Witzleb, Elise Bant, Simone Degeling, Kit Barker

YearN/A

Edition/VolumeN/A

PublisherLAWBOOK, latest edition

ISBNN/A

Chapter/article titleN/A

Chapter/issueN/A

URLN/A

Other descriptionN/A

Source locationN/A

Remedies in Australian Private Law

Resource TypePrescribed

Resource RequirementN/A

AuthorKaty Barnett and Sirko Harder

YearN/A

Edition/VolumeLatest

PublisherCAMBRIDGE UP

ISBN978-1-107-61083-5

Chapter/article titleN/A

Chapter/issueN/A

URLN/A

Other descriptionN/A

Source locationN/A

Getting to Yes: Negotiating Agreement Without Giving In

Resource TypeRecommended

Resource RequirementN/A

AuthorRoger Fisher, William L. Ury, Bruce Patton

Year2011

Edition/Volume3RD ED

PublisherPENGUIN

ISBNN/A

Chapter/article titleN/A

Chapter/issueN/A

URLN/A

Other descriptionN/A

Source locationN/A

Career Ready

Career-focusedNo

Work-based learningNo

Self sourced or Uni sourcedN/A

Entire subject or partial subjectN/A

Total hours/days requiredN/A

Location of WBL activity (region)N/A

WBL addtional requirementsN/A

Graduate capabilities & intended learning outcomes

Graduate Capabilities

Intended Learning Outcomes

01. Identify which remedies are available for a particular cause of action using relevant case law and legislation, and explain the appropriate method for calculating compensatory remedies.
02. Apply the principles governing remedies to the facts of a dispute and make a reasoned analysis about the likely court outcomes.
03. Clearly communicate complex legal concepts and doctrines in a relevant way.
04. Demonstrate professional judgment in assessing which remedies may deliver the best result for a client in a particular situation.

Subject options

Select to view your study options…

Start date between: and    Key dates

Bendigo, 2021, Semester 1, Blended

Overview

Online enrolmentYes

Maximum enrolment sizeN/A

Subject Instance Co-ordinatorFrancine Rochford

Class requirements

LectureWeek: 10 - 22
Two 1.00 h lecture per week on weekdays during the day from week 10 to week 22 and delivered via blended.

Supervised ResearchWeek: 11 - 22
One 1.00 h supervised research per week on weekdays during the day from week 11 to week 22 and delivered via face-to-face.

Unscheduled Online ClassWeek: 11 - 22
One 4.00 h unscheduled online class per study period on any day including weekend during the day from week 11 to week 22 and delivered via online.

Assessments

Assessment elementCommentsCategoryContributionHurdle% ILO*

Memo to senior solicitor analysing client's legal position and recorded presentation to client 2000 word equivalent

N/AOtherIndividualNo40 SILO1, SILO2, SILO3, SILO4

2 hour open book final examination 2000 word equivalent

N/AOther written examIndividualNo40 SILO1, SILO2, SILO3, SILO4

Online quiz 500 word equivalent

N/AQuizzesIndividualNo20 SILO1, SILO2

Melbourne (Bundoora), 2021, Semester 1, Blended

Overview

Online enrolmentYes

Maximum enrolment sizeN/A

Subject Instance Co-ordinatorFrancine Rochford

Class requirements

LectureWeek: 10 - 22
Two 1.00 h lecture per week on weekdays during the day from week 10 to week 22 and delivered via blended.

TutorialWeek: 11 - 22
One 1.00 h tutorial per week on weekdays during the day from week 11 to week 22 and delivered via face-to-face.

Unscheduled Online ClassWeek: 11 - 22
One 4.00 h unscheduled online class per study period on any day including weekend during the day from week 11 to week 22 and delivered via online.
Online equivalent of four one hour lectures

Assessments

Assessment elementCommentsCategoryContributionHurdle% ILO*

Memo to senior solicitor analysing client's legal position and recorded presentation to client 2000 word equivalent

N/AOtherIndividualNo40 SILO1, SILO2, SILO3, SILO4

2 hour open book final examination 2000 word equivalent

N/AOther written examIndividualNo40 SILO1, SILO2, SILO3, SILO4

Online quiz 500 word equivalent

N/AQuizzesIndividualNo20 SILO1, SILO2